Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Zydus Nycomed healthcare Pvt Ltd v. ITO (Bom.)(HC)(UR)

S. 147 : Reassessment-Export oriented undertakings-Tribunal for the Assessment year 2006-07 has held that the assessee has not violated the conditions u/s. 10B((9) of the Act-The order of Tribunal was up held by the High Court-Reassessment notice and order disposing the objections were quashed. [S. 10B(9), 148, Art. 226]

Ideal Associates v. ACIT (2022)448 ITR 260/(2023) 146 taxmann.com 225 (Bom.)(HC)

S 147 : Reassessment-After the expiry of four years-Tangible material-High value transaction-Reliance of SEBI order-Reassessment proceeding is held to be valid. [S. 143(1), 148, 151, Art. 226]

Godrej and Boyce Manufacturing Co. Ltd. v. ACIT (2023) 453 ITR 10/150 taxmann.com 462 (Bom.)(HC), Editorial : SLP of Revenue is dismissed , ACIT v. Godrej and Boyce Manufacturing Co. Ltd. (2023)453 ITR 14/ 293 Taxman 311 (SC)

S. 147 : Reassessment-After the expiry of four years-Book profit-Revision was dropped-Sanction for reassessment was without application of mind-Reassessment notice and order disposing the objection was quashed. [S. 148, 151, 263, Art. 226]

Zoetis India v. ACIT  (Bom.)(HC) (UR)

S. 147 : Reassessment–After the expiry of four years-Change of opinion-Amalgamation-Valuation of shares-Advertisement and Business Promotion on medical practioners-Reopening on same material with a view to take another view is held to be not valid-Notice and order disposing the objection was quashed. [S. 37(1), 56(2)(viib), 148, Art. 226]

Nelco Ltd. v. ACIT (Bom.)(HC) (UR)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-When the Assessing Officer does not accept the objections filed, he shall not proceed further in the matter within a period of four weeks from the date of service of the said order of the objections on the assessee-Order was quashed-Notice and order rejecting the objection was also quashed. [S. 148, Art. 226]

Bennett Property Holdings Company Ltd. v. DCIT (Bom.)(HC) (UR)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-Income from house property-Business income-Income from other sources-No failure to disclose fully and truly all material facts-Notice of reassessment and order disposing the objection was quashed. [S. 22, 24, 28(i), 56, Art. 226]

Maharashtra State Electricity Distribution Co. Ltd. v. DCIT  (Bom.) (HC)(UR)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-No failure to disclose material facts-Demerger-Same material-Reassessment notice and order disposing the objection was quashed. [S. 148, Art. 226]

Lintas India Pvt Ltd v. UOI  (Bom.)(HC) (UR)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-No failure to disclose material facts-Query raised in the course of assessment proceedings-No discussion in the assessment order-Credit for tax deduction at source-Notice of reassessment and order disposing objection was quashed. [S. 148, Art, 226]

The Shipping Corporation of India Ltd v. ACIT (Bom.)(HC)(UR)

S. 147 : Reassessment-After the expiry of four years-Change of opinion-Disallowance of expenditure-Exempt income-Return was not filed in pursuance of notice u/s 148 of the Act-No hard and fast rule that the assessee should first file its return pursuant to the notice-Reassessment notice was quashed. [S. 14A, R. 8D, Art. 226]

The Great Eastern Shipping Company Ltd v. ACIT (Bom.)(HC)(UR)

S. 147: Reassessment-After the expiry of four years-Change of opinion-No failure to disclose material facts-Notice and order rejecting the objection was quashed [S. 33AC, 80A(2), 80I, 80M, 148, Art. 226]